Public employees have ethics training

Wednesday

Dec 30, 2009 at 12:01 AMDec 31, 2009 at 10:41 AM

By BILL HALL

By BILL HALL

Associate Editor

SWANSEA — Public employees and officials, including those appointed to various boards, were to receive a summary of the amended conflict of interest law by Monday and they take a test on what they have learned, by March.

Town Administrator James Kern noted that town employees and volunteers along with members of boards had been contacted regarding the ethics law. They are also expected to take a test on the ethics law by March.

Public employees and officials will be provided a summary of the conflict of interest law on an annual basis.

The conflict of interest law in the state for all public employees and officials is wide ranging from the obvious direct compensation or gifts to the less obvious decisions or actions that affect family members.

Most of the penalties can carry a fine of not more than $10,000 or imprisonment for

not more than five years or jail or house of correction for not more than two and a half years, or both.

The employees and officials are held to standards to ensure that they do not make decisions or commit acts that benefit themselves or their family and friends.

The case law involving conflict of interest cases are varied. In one case a member of the Board of Health of Tyringham threatened a restaurant owner who had complained about runoff from a pond owned by a friend of the board member. The threat was followed up by inspections of the restaurant.

Although all the inspections were within the authority of the board, the court found that it was reasonable to suspect that they came in reaction to the complaint against the board members friend. The judgment resulted in a $1,500 fine.

An assistant treasurer in Chicopee allowed friends and family members to cash personal checks to the treasurer's office. In that case the assistant treasurer paid a $5,000 fine and returned $4,400 that had been borrowed by family and friends.

Another case had involved a Braintree official who oversaw work a retained consultants. Meanwhile, he was given a ticket to the Major League All-star game at Fenway Park, and played golf at no cost with the tab picked up by the consultant.

The end result was a $2,000 civil penalty.

The ethics law noted that any official who is receiving anything from a private party must ask themselves whether the item offered is of 'substantial value" defined as $50 or more, or whether the items is officer as because the official is in a position to act on a particular ruling involving the gift giver.

The law does allow for some leeway when hearing issues. It gives he example of the Zoning Board of Appeals member who has their cousin, a lawyer came before their board. The board member is allowed to take part as long as they publicly disclose the relationship and the cousin does not receive any advantages that another attorney would not have.